What happens to a vehicle while the forfeiture is pending?
When a vehicle is seized, there is often a long waiting period before the judicial determination. During this time, many owners wonder what happens to their vehicle—this depends entirely on the underlying offense of the forfeiture.
If a vehicle was forfeited for a DWI offense, MN Statute 169A.63 allows the owner the take possession after posting security on the vehicle or a bond in the amount of the vehicle’s retail value. Although this statute allows the owner to regain possession of their vehicle, it also mandates that a disabling device be placed on the vehicle. Additionally, this procedure is contingent on the permission of the forfeiting agency. Because this procedure has so many restrictions, it is rarely used. However, it can be quite effective when an owner just wants possession of their vehicle and does not necessarily need to drive it.
When a vehicle is seized by a forfeiting agency for an offense OTHER than DWI, the procedure to return the vehicle to its owner is much more favorable. One of the most common reasons for forfeiting a vehicle (other than DWI) that Appelman Law Firm encounters is when the forfeiting agency alleges that a vehicle has been used to transport illegal drugs. In these cases, MN Statute 609.531 allows for the owner to take possession of the vehicle WITHOUT approval from the forfeiting agency AND retain driving privileges. This procedure requires the owner to surrender the vehicle’s certificate of title and, often times, post a security or bond as a condition of the vehicle’s release.
This procedure allows the owner to take possession of their vehicle and have free use of the vehicle until the forfeiture action is determined. We will discuss this further in the next part of our Vehicle Forfeiture series.
Vehicle forfeiture is a very time-sensitive process. If you are faced with vehicle forfeiture in MN, whether for a DWI or drug offense, call the forfeiture coordination team at Appelman Law Firm right away.
